In October 2018, the South Carolina Court of Appeals vacated a $540,000 civil penalty that the South Carolina Securities Commissioner had imposed against John M. McIntyre and his company, Silver Oak Land Management, LLC. The Commissioner imposed the penalty upon a determination that McIntyre and Silver Oak Land Management had committed securities fraud in the offer, sale, and management of various limited liability company interests. The Court of Appeals, however, found that in the course of a hearing the Commissioner conducted, the Commissioner did not grant McIntyre and Silver Oak Land Management adequate procedural due process. According to the Court of Appeals’ decision, the Commissioner served McIntyre and Silver Oak Land Management a Cease and Desist order in August 2013. The Cease and Desist order alleged that McIntyre and Silver Oak Land Management had engaged in thirty-nine acts of securities fraud pertaining to their offer and sale of various…
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